Last Chaos Registration Page
The Last Chaos online game (hereafter referred to as the "Game") is offered to you, the user, by CubeTech Asia Sdn. Bhd. conditioned on your acceptance, without modification, of the terms, conditions, policies and notices contained herein. Your use of the Game and Game web site (hereafter referred to as the "Services") constitutes your agreement to all such terms, conditions, policies and notices (hereafter referred to as the "Agreement"). CubeTech Asia Sdn. Bhd. may change, add or remove any part of this Agreement, or any other terms associated with the use of the Services, at any time, by posting a notice of such changes on the an official web site. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the Services after the notice is posted, you are indicating your acceptance of those changes.
The Services is only for your personal use. You may not sell or exchange anything you copy from the Services or use it for any business or commercial purpose. As long as you comply with the terms of this Agreement, CubeTech Asia Sdn. Bhd. grants you a non-exclusive, non-transferable, limited right to enter, use, perform and display the Services. You agree not to intentionally or unintentionally interrupt or attempt to interrupt the operation of the Services in any way.
GENERAL TERMS AND CONDITIONS
1. Fees-Based Services
Some content and/or services on the Services may be offered to you on a fee basis. If you elect to purchase fee-based content and/or services and transmit to CubeTech Asia Sdn. Bhd. a purchase request, you warrant that your use of the particular credit card is authorized and that all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees you incur. Any account name and password supplied to you in connection with fee-based content and/or service you purchase is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including, without limitation, your co-workers. Any distribution by you of such account name and password may result in cancellation of the fee-based content and/or service without refund and in additional charges based on unauthorized use.
You understand that the Services, and system specifications necessary to play those Services, may continuously evolve over time. Accordingly, CubeTech Asia Sdn. Bhd. reserves the right to modify and/or increase the system specifications necessary to play any online Services - whether free or subscription based - at any time and without notice.
2. Copyright and Trademark Notices
All contents of this the Services are: Copyright 2003-2004 CubeTech Asia Sdn. Bhd. and/or its parent and affiliated companies and/or its suppliers. All rights reserved. The Services is for the personal, non-commercial use of users. CubeTech Asia Sdn. Bhd. and the CubeTech Asia Sdn. Bhd. logo are registered trademarks of CubeTech Asia Sdn. Bhd. . The Services and its logo are trademarks or service marks of CubeTech Asia Sdn. Bhd. . All other product and company names appearing on the Services are the tradenames, trademarks or registered trademarks of their respective owners.
3. Intellectual Property
The Services, contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Services and each area contained therein are copyrighted as a collective work under the Malaysian copyright laws. CubeTech Asia Sdn. Bhd. owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Services (including, without limitation, content that the Services enables you to download) without the express written permission of CubeTech Asia Sdn. Bhd. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from the Services is allowed by you only for your own use. You acknowledge that CubeTech Asia Sdn. Bhd. and/or third-party content providers remain the owners of all materials posted on the Services, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Solely in connection with your fan site or your fan site pages dedicated to the CubeTech Asia Sdn. Bhd. Services we can grant you, on a non-exclusive basis, permission to reproduce and redistribute on the fan site to end users, certain CubeTech Asia Sdn. Bhd. Services-related images, graphics or artwork and certain CubeTech Asia Sdn. Bhd. trademarks and logos that CubeTech Asia Sdn. Bhd. may expressly designate "for fan site use" on fan site pages at CubeTech Asia Sdn. Bhd. official web site or its associated Services sites (hereafter referred to as "CubeTech Asia Sdn. Bhd. Content"), so long as you comply with the terms and conditions described here and on the fansite pages, as those terms and conditions may be modified from time to time at CubeTech Asia Sdn. Bhd. sole discretion.
As the operator of an independent, unaffiliated web site, you will have sole editorial control over the fan site, except that you represent and warrant to CubeTech Asia Sdn. Bhd. that the fan site will not post material that is illegal or infringes on the rights of third parties or harms the reputation of the Services, CubeTech Asia Sdn. Bhd. , its parent or affiliate companies, or its officers or employees. If at any time you post such disparaging material, or material that is illegal or infringes upon the rights of any third party, CubeTech Asia Sdn. Bhd. may terminate this permission. Your ownership in the fan site excludes the CubeTech Asia Sdn. Bhd. Content.
You agree to include CubeTech Asia Sdn. Bhd. trademark, copyright or other proprietary rights notices, as provided on the fan site page for the CubeTech Asia Sdn. Bhd. Services referenced, when displaying the CubeTech Asia Sdn. Bhd. Content from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of the CubeTech Asia Sdn. Bhd. Content, including in digital form; nor challenge CubeTech Asia Sdn. Bhd. ownership of the CubeTech Asia Sdn. Bhd. Content, nor use or adopt any trademarks that might be confusingly similar to CubeTech Asia Sdn. Bhd. Content.
CubeTech Asia Sdn. Bhd. reserves all rights, title and interest in and to the CubeTech Asia Sdn. Bhd. Content which are not expressly granted. You shall not rent, lease, reproduce, modify, translate or create derivative works of the CubeTech Asia Sdn. Bhd. Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the characters or content contained in the Services or on the Services, without the express written permission of CubeTech Asia Sdn. Bhd. .
CubeTech Asia Sdn. Bhd. does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on the Services or upon CubeTech Asia Sdn. Bhd. Content is expressly prohibited.
If you intend to charge a subscription or access fee to generate revenue from the Fan site, we would require you to execute a simple license agreement with us. The limited permission granted here with respect to Fan site use of certain CubeTech Asia Sdn. Bhd. Content does not cover such circumstances.
Fan sites that quote an article or patch message from a Service site are requested to limit the quote to a paragraph or less and provide a link back to the Services or associated Services site for the full article or message, rather than reproducing on the Fan site the entire patch message or article. Permission to link from the fan site to the Services or the associated Services site is granted in such circumstances.
Under no circumstances will CubeTech Asia Sdn. Bhd. be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission. CubeTech Asia Sdn. Bhd. reserves the right in its sole discretion to expressly refuse this permission to any particular fan site, or to revoke this permission at any time.
4. Notifications of Claimed Infringement and Policy on Repeat Infringers
Notifications of Claimed Infringement : Suite 316,Block A3, Leisure Commerce Square, 9, Jalan PJS 8/9, 46150, Petaling Jaya, Selangor, Malaysia. Telephone Number : (603) 78778316. Facsimile Number: (603) 78611889. Email Address: info@cube-asia.com. Policy on Repeat Infringers: CubeTech Asia Sdn. Bhd. has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of CubeTech Asia Sdn. Bhd. online system or network who are repeat infringers. CubeTech Asia Sdn. Bhd. may terminate access for content providers or forum participants (e.g., StationChat, Message Boards, pagers) who are found repeatedly to provide or post protected material without necessary rights and permissions.
5. Submissions, Fan Fiction and Artwork, and Photographs
CubeTech Asia Sdn. Bhd. is pleased to hear from its customers and welcomes your comments regarding CubeTech Asia Sdn. Bhd. Services. Unfortunately, however, CubeTech Asia Sdn. Bhd. company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by CubeTech Asia Sdn. Bhd. professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
CubeTech Asia Sdn. Bhd. hereby grants to each Services account subscriber that is in good standing and with the grant automatically revoked as of the moment that the subscriber's account is no longer in good standing (hereafter referred to as "Service Subscriber"), a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to use (a) the Services name, and (b) trademarks and copyrighted material from Services including characters names and images, deity and monster names and images, geographical names, item names and images, character names and images, background art, and screenshots containing any of the foregoing (hereafter referred to as "the CubeTech Asia Sdn. Bhd. Property"), solely to be used for material (for example, so-called "fan fiction" and "fan artwork") that the Service Subscriber transmits/posts/displays (hereafter referred to as "Licensed Content") in accordance with these Terms of Service -- and for no other use. Each Service Subscriber promises CubeTech Asia Sdn. Bhd. that any Licensed Content that he or she provides shall comply in all respects with these Terms of Service.
Any and all creative suggestions, ideas, notes, drawings, concepts or other information that you send to us, whether at our specific request or despite our request that you not do so (hereafter referred to as "Submissions") and any and all Licensed Content shall be deemed, and shall remain, the property of CubeTech Asia Sdn. Bhd. from the moment of creation. Accordingly, CubeTech Asia Sdn. Bhd. shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Submissions and Licensed Content of every kind and nature, in perpetuity, throughout the universe. To the extent that any of the above may be void or unenforceable, you agree that any and all Submissions and Licensed Content are hereby irrevocably assigned to CubeTech Asia Sdn. Bhd. , together with all intellectual property rights therein. In any event, you agree that CubeTech Asia Sdn. Bhd. shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any Submission and/or Licensed Content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Submission and/or Licensed Content. You also give up any claim that any use by CubeTech Asia Sdn. Bhd. and/or its licensee(s) of any Submission and/or Licensed Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein. If you provide any Submission or Licensed Content, you promise that you are eighteen years of age or older; if you are under eighteen years of age, you must first contact CubeTech Asia Sdn. Bhd. to obtain an agreement for your parent or guardian to sign.
If you upload any photograph to or through any CubeTech Asia Sdn. Bhd. Services, you (i) grant to CubeTech Asia Sdn. Bhd. the non-exclusive, worldwide right to use, post, publish and display your photograph on the Services, without royalty or compensation of any kind, (ii) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the photograph, (iii) promise that the photograph is either a picture of you or that duplication and distribution of the photograph will not violate any right of or require any compensation to any person or entity, (iv) promise that you are the copyright owner of the photograph or have all rights necessary to authorize its unfettered use and distribution and (v) promise that you are eighteen years of age or older. You understand that, once your photograph is posted, anyone can download and/or distribute that photograph. You expressly waive any and all claims you may have against CubeTech Asia Sdn. Bhd. and release CubeTech Asia Sdn. Bhd. from any and all liability arising from or related to the submission and CubeTech Asia Sdn. Bhd. or any third party's use of the photograph.
6. Software Available on the Services
Any software that is made available to download from this the Services (hereafter referred to as "Software") is the copyrighted work of CubeTech Asia Sdn. Bhd. and/or suppliers. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software (hereafter referred to as the "License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement unless the end user first agrees to the License Agreement terms. For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: CubeTech Asia Sdn. Bhd. hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and other use of the Services in accordance with these terms of use, and for no other purpose. Please note that all Software, including, without limitation, all HTML code contained in the Services, is owned by CubeTech Asia Sdn. Bhd. and/or suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, CUBETECH ASIA SDN. BHD. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
7. DISCLAIMER OF LIABILITY
NEITHER CUBETECH ASIA SDN. BHD. , NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SERVICES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CUBETECH ASIA SDN. BHD. COMMUNICATION FEATURES.
THE SERVICES AND ALL MATERIALS CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE SERVICES, IS AT YOUR SOLE RISK.
8. LIMITATION OF LIABILITY
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 7 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL CUBETECH ASIA SDN. BHD. OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SERVICES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE SERVICES, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE SERVICES OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE SERVICES OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF CUBETECH ASIA SDN. BHD. WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY CUBETECH ASIA SDN. BHD. PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING THE SERVICES, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO RM 50.
NEITHER CUBETECH ASIA SDN. BHD. ENDORSES OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE SERVICES, BY ANYONE OTHER THAN AUTHORIZED CUBETECH ASIA SDN. BHD. EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL CUBETECH ASIA SDN. BHD. OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SERVICES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL OFFICIAL CUBETECH ASIA SDN. BHD. COMMUNICATION CHANNELS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL OFFICIAL COMMUNICATION CHANNELS OF THE SERVICES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. NEITHER CUBETECH ASIA SDN. BHD. ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICES AND NEITHER CUBETECH ASIA SDN. BHD. WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Notice
CubeTech Asia Sdn. Bhd. may give notice to you by means of a general notice on the Services, electronic mail to your e-mail address on record in CubeTech Asia Sdn. Bhd. account information (if you are a Service Subscriber), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in CubeTech Asia Sdn. Bhd. account information (if you are a Service Subscriber). You may give notice to CubeTech Asia Sdn. Bhd. by electronic mail or by first class mail, postage prepaid, or overnight courier.
10. Termination
Either CubeTech Asia Sdn. Bhd. or you may terminate this Agreement at any time. Fees paid for any subscription term or pay-per-use is paid in advance and is not refundable in whole or in part.
You may terminate this Agreement at any time by not using the Services. We can terminate the Agreement by asking you to stop using the Services, and, if necessary, by preventing your access to the Services. Upon termination of this Agreement, you shall have no further rights to use the Services. Your only right and remedy with respect to any dissatisfaction with the Services is to terminate this Agreement, including, without limitation, any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of CubeTech Asia Sdn. Bhd. in operating the Services, (ii) content available through the Services, or any change therein, or (iii) the amount or type of fees or billing methods, or any change thereof. Without limiting the foregoing, CubeTech Asia Sdn. Bhd. shall have the right to terminate this Agreement with you, effective immediately, and/or terminate or temporarily suspend your access to all or any part of the Services, without notice, in the event of any conduct by you which CubeTech Asia Sdn. Bhd. , in its sole discretion, considers to be unacceptable, or for conduct that CubeTech Asia Sdn. Bhd. believes is a violation of the terms and conditions contained herein or any policies or guidelines posted by CubeTech Asia Sdn. Bhd. on the Services, or for other conduct which CubeTech Asia Sdn. Bhd. believes, in its sole discretion, is harmful to CubeTech Asia Sdn. Bhd. , other Service Subscribers or other users of the Services. CubeTech Asia Sdn. Bhd. reserves the right to deny registration of any individual as a Service Subscriber and to deny access to the Services to any individual. All of the Sections of the General Terms and Conditions of this Agreement survive termination of this Agreement.
11. Indemnification
You agree to indemnify and hold harmless CubeTech Asia Sdn. Bhd. and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (hereafter referred to as "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of the Agreement or the foregoing representations, warranties and covenants or (ii) your use of the Services, including, without limitation, all CubeTech Asia Sdn. Bhd. Property, Content or Licensed Content.
12. Taxes
Where applicable, you may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Identity Card number and any other information reasonably required by CubeTech Asia Sdn. Bhd. CubeTech Asia Sdn. Bhd. and/or any sponsor who provides a particular prize may report the value of the prize to the taxing authorities.
13. Miscellaneous
This Agreement constitutes the entire agreement between CubeTech Asia Sdn. Bhd. and you with respect to the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter, whether written or oral. This Agreement shall be construed in accordance with the laws of Malaysia. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.